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record to suggest that Mr. Feinsmith, in his individual capacity,
was involved in the scheme either when he joined Randy Hall or at
any time thereafter. Although respondent invites the Court to
find as facts that Mr. Feinsmith was the mastermind of the scheme
as it related to Randy Hall, that he was in charge of Randy
Hall’s finances, that he handled all of the checks and cash which
passed between Randy Hall and the promoters, and that he
converted some of the cash to his personal use, we decline to do
so on the basis of the record.
Respondent relies solely on Mr. Perry’s answer to a question
asked by respondent’s counsel at trial to support a finding that
Mr. Feinsmith personally received cash from the scheme. The
question and answer are as follows:
Q Okay. And did you know if Harvey Feinsmith
also received income back?
A Of course, we were partners, so we shared
equally.
We find Mr. Perry’s testimony unpersuasive (both as to this
point and generally overall). Mr. Perry’s testimony was vague,
uncorroborated, and sometimes inconsistent. Mr. Perry testified,
for example, that Mr. Feinsmith maintained Randy Hall’s books but
later testified that Mr. Feinsmith asked him for the books so
that Mr. Feinsmith could give them to the Government. Mr. Perry
also testified adamantly that Randy Hall’s involvement with the
scheme began with the arrival of Mr. Feinsmith but later admitted
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